Quan Fu Li v. Holder
Opinion
Lead Opinion
MEMORANDUM **
Quan Fu Li and his wife, Aiwu Zhang, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, Soto-Olarte v. Holder, 555 F.3d 1089, 1091 (9th Cir.2009), and we dismiss in part and grant in part the petition for review.
Preliminarily, we reject the government’s contention that Li’s derivative claim should be denied where the lead asylum applicant, Zhang, did not petition for review of the agency’s decision, because this court’s records show that on April 29, 2009, the court sua sponte amended the docket to reflect that this petition for review also seeks review of the BIA’s decision regarding petitioner Aiwu Zhang.
We decline to consider the evidence petitioners attached to their opening brief because our review is limited to the administrative record underlying the BIA’s decision. See Fisher v. INS, 79 F.3d 955, 963 (9th Cir.1996) (en bane).